Ka Wai Ola - Office of Hawaiian Affairs, Volume 18, Number 5, 1 May 2001 — Refocus and exercise decision making consistent with puhlie policy on OHA [ARTICLE+ILLUSTRATION]

Refocus and exercise decision making consistent with puhlie policy on OHA

Haunani Apoliona I Trustee, At-large

Aloha mai e na 'ōiwi o Hawai'i. In this sixth KWO article in a series of 48 it is time to get back to basics. From within and outside of OHA, there are efforts at work to undermine constitutional and statutory authority provided by law to OHA Trustees. The year 2000 external threat that rocked OHA to the core was Rice vs. Cayetano. The U.S. Supreme Court decision limited itself to the eligibility to vote for OHA and the Federal District Court Arakaki decision limited itself to the eligibility to run for OHA. Despite external forces that seek to furthererode OHA's foundation and silent internal forces that attempt to ripen the opportunity for that to happen, Trustees must refocus and exercise decision making consistent with the fundamental public policy committed to the Office of Hawaiian Affairs in Chapter 10 HRS. HRS [10-1], reads: "Declaration of Purpose. (a) The p>eople of the State of Hawai'i and the United States of America as set forth and approved in the Admission Act, established a public trust whieh includes among other responsibilities, betterment of eonditions for native Hawaiians. The people of the State of Hawai'i reaf-

firmed their solemn trust obligation and responsibility to native Hawaiians and furthermore declared in the state constitution that there be an Office of Hawaiian Affairs to address the needs of the aboriginal class of people of Hawai'i. (b) It shall be the duty and responsibi'lity of all state departments and instrumentalities of state government providing services and programs whieh affect native Hawaiians and Hawaiians to actively work toward the goals of this chapter and to cooperate with and assist wherever possible the Office of Hawaiians Affairs. HRS [10-4] Office of Hawaiian Affairs: established: general powers, says, "There shall be an office of Hawaiian affairs constituted as a body corporate whieh shall be a separate entity independent of the executive branch." It continues that "The office. under the direction of the board of trustees shall have the following general powers." The section goes on to note nine areas of general powers of the board of trustees, ending with "(9) To take such actions as may be necessary or appropriate to carry out the powers conferred upon it by law." In HRS [10-5] Board of Trustees: powers and duties, there are 9 areas cited, I

highlight two in particular, "the board shall have the power in accordance with law to: (7) provide grants to public or private agencies for pilot projects, demonstrations, or both, where those projects or demonstrations fulfill criteria established by the board; (8) make available technical and financial assistance and advisory services to any

agency or private organizations for native Hawaiian and Hawaiian programs and for other functions pertinent to the purposes of the Offīce of Hawaiian Affairs. Finance assistance may be rendered through eontractual agreements as may be agreed upon by the board and any such agency or organization." HRS [10-6] cites nine general duties of the board. Within the nine areas of

required OHA board responsibilities are: the comprehensive master plan for native Hawaiians and Hawaiians, maintaining an inventory of federal, state, county and private programs and services for Hawaiians and native Hawaiians and acting as a clearinghouse and referral agency, conducting, encouraging and maintaining research relating to native Hawaiians and Hawaiians, promoting and assisting in the establishment of agencies to serve native Hawaiians and Hawaiians. HRS [ 10-6] ends with (b) The board shall have any powers whieh may be neeessary for the full and effective performance and discharge of the duties imposed by this chapter and whieh may be necessary to fully and completely effectuate the purposes of this chapter". Despite the challenges, Trustees should not relinquish but rather must maximize and exercise our authority provided by HRS Chapter 10 to carry out the six purposes of the Office of Hawaiian Affairs, inclusive of the first two, "the betterment of conditions of native Hawaiians" and the "betterment of conditions of Hawaiians." E holomua kākou i ka lanakila. ■

Despite the challenges, Trustees should not relinquish but rather must maximize and exercise our authority provided by HRS Chapter 10.

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